The decision on whether to initiate any refunds for any entries made to Channel 5 promotions follows two basic questions, which are:
- Is the requirement for a refund based on a technical/scheduling/service error, where there has been a systemic problem/breakdown of service controls that are a result of a failure of Channel 5 and/or its third-party provider’s standard operating parameters?
or
2. Is the requirement for a refund based on a particular viewer issue/complaint, where no known technical/scheduling etc errors have been identified?
In case 1, where an error has been identified somewhere in the Channel 5 controlled technical/scheduling/service areas, a general refund campaign will be initiated, in conjunction with its technical service provider to identify all those persons affected. In tandem with the Channel 5 Audit and Compliance Manager, the technical service provider will reach out to all individuals affected by SMS, and where a MSISDN is available the Audit & Compliance Manager will make contact with individuals by available landline details in the form of a phone call/s.
SMS refund messaging would invite individuals to call back to speak to someone to discuss a refund, or indicate interest in a refund by return SMS. Such an invitation would normally open for a period of 10 working days. Thereafter, it is assumed that an individual would not be interested in any available refund.
The same process would be followed in tandem by the Channel 5 Audit & Compliance Manager for viewers who are only contactable by a landline number, allowing a 10-working day window for people who are directly uncontactable (for instance in the situation where outbound calls only go to voicemail/answering machine). Calls to voicemails will occur at least 5 times over a 10-working day period until such modes of contact are exhausted. Such data will be managed and logged in a password protected spreadsheet.
After the 10-working day window, refunds will be issued to those interested via either cheque, BACS or (in the case of an available MSISDN) via an auto refund to the individual’s mobile account. Cheques, BACS and auto refunds will be processed by Fonix, on behalf of Channel 5.
In the instance of a technical/scheduling/service fault by Channel 5 and the inability to make positive contact with any affected individuals and/or where individuals do not wish to be refunded, a contribution towards any outstanding monies owed to affected parties will be collated and donated to a charitable organisation of Channel 5’s choosing. Documentation pertaining to this will be retained for the purpose of independent audit.
In case 2, an assessment is made on the particular viewer’s complaint and assessed for the likelihood of any hitherto unknown systemic issue. If that is identified, example 1 (above is initiated). On the basis that there is no known technical/scheduling/service provisioning fault, a decision is made on a unique case-by-case basis whether such a viewer complaint merits refunding. This can be assessed on the basis of vulnerability (see separate Vulnerable Persons Policy for more details of this), whether the issue was due to a potential technical glitch entirely outside of the provisions of Channel 5’s control, or whether it was a simple case of a viewer changing their mind as to the number of entries they actually intended to make up to that point in time.
In this instance an assessment is made by the Audit & Compliance Manager, on a case-by-case basis and a discretionary refund is either issued or refused. With vulnerable persons in mind, and for the need to avoid any subsequent ill-feeling between the viewer and Channel 5 a possible outcome in most (but not all) circumstances, could be a ‘no quibble’ refund and the removal of any such entries from a potential winning pot of entries. This is, however, not guaranteed and an overall assessment of the unique refund request will be taken into account and evaluated-including whether a particular competition is still open at the time the query is raised. In such a case where a refund is requested after a competition has closed it will further be assessed on whether an individual has ever requested a refund in any such circumstances previously i.e whether someone is effectively attempting to gain a free entry to a competition. Should a pattern emerge of systemic requests for refund after competition closure, and where no technical/operational fault could be identified, Channel 5 reserves the right to bar any individual number from further entering any of its competitions.
The forms of any refund currently available are in the format:
- Reverse bill back to the viewer’s mobile billing account
- Bank transfer
- Cheque
Where very small refund amounts are owed, other forms of payment may be made, such as the offer of a Royal Mail First Class stamp or a postal order.
In all cases, the process of refunds will be initiated by the Audit & Compliance Manager and tracked accordingly. All paperwork pertaining to any technical/service/scheduling error will be retained and be made available for the 6-month independent audit. Emails related to both types of refund request and initiation are retained for a minimum of 2 years, before being deleted.
Once a refund payment has been agreed, refunds will be dispatched and paid within 10 working days. It should be noted, however, that where there are a large number of refunds to process, the payment will be initiated 10 working days after the last viewer has been contacted, in order to avoid a piecemeal approach to refunds and ensure they are undertaken as a single batch job (i.e payment to all affected may take place after 10 working days).
If, in the unlikely event, Channel 5 is unable to deal with a viewer complaint to the full satisfaction of the viewer, or the viewer is dissatisfied with the handling or resolution of his/her/their complaint the viewer is fully entitled to take the enquiry or complaint to the regulator for further, independent escalation and consideration. The regulator is Ofcom and can be contacted by any of the below options:
- https://ofcomlive.my.salesforce-sites.com/formentry/PRSComplaints
- 0300 123 3333 (calls to 03 numbers should cost no more than geographic 01 or 02 calls and may be part of inclusive minutes subject to your provider and your call package) or via 020 7981 3040. The Ofcom call centre is open Monday to Friday between 0900 and 1700 hrs.
- In Welsh Language please call 0300 123 2023
- In writing to Ofcom at PO Box 1285, Warrington, WA1 9GL
Viewer Enquiries and the Audit & Compliance manager will (if required) provide Ofcom with all details pertaining to the complaint, including copies of call logs and/or email interactions as necessary to resolve the issue with the regulatory body.